AR. LAKSHMANAN, J.

( 1 ) WITH the consent of both the sides, the writ appeal itself is taken up for final hearing at the stage of admission.

( 2 ) THE writ appeal is directed against the order dated 22-11-2001, passed by a learned single Judge of this Court disposing of the writ petition being WP No. 23141 of 2001, filed by the appellant-petitioner to quash the proceedings dated 16-10-2001, issued by the 1st respondent-Commissioner of Tribal Welfare, in Reference Rc. No. 6514/ 2001/tri/vc-2. By the said proceedings, 1st respondent advised the appellant to see the Director, TCR and TI, Hyderabad, on 1-11-2001, along with an elder member of her family who has full knowledge about his community so as to furnish oral and documentary evidence to substantiate their Scheduled Tribe status claim. The appellant, in support of their Scheduled Tribe status claim was directed to bring ration card, and if ration card is not issued, to being identity certificate from the MRO or a Gazetted Officer, voters list or any other document, so as to enable the 1st respondent to place the matter before the District Level Scrutiny Committee concerned. The 1st respondent issued the above proceedings m terms of the judgment of the Supreme Court in CA No. 4545 of 1995, dated 18-4-1995 in WP No. 1040 of 1983 and the judgment of this Court in WP No. 9071 of 1982, dated 29-1-1983, and as per Act 16 of 1993 and the Rules framed thereunder.

( 3 ) THE Commissioner of Tribal Welfare, is a member of the State Level and District Level Scrutiny Committees. In pursuance of the request made by the 2nd respondent-Convenor, EAMCET-2001, the office of the 1st respondent constituted a team of officers to verify the veracity of the caste certificates produced by the candidates who are seeking admission under ST quota. The doubtful cases were to be referred to the District Level Scrutiny Committees concerned to decide the scheduled tribes status claim of an individual in the light of Act 16of 1993 and G. O. Ms. No. 58, SW (J2) Department, dated 12-5-1997 under Rule 5 (i) thereof.

( 4 ) THE learned single Judge disposed of the writ petition directing:the learned Counsel for the petitioner submits that by the impugned proceedings the Commissioner of Tribal Welfare directed the Convenor of Examinations to keep a seat in abeyance until further orders from the office and that the Commissioner of Tribal Welfare is not competent to enquire into the correctness or otherwise of the caste certificate obtained by the petitioner and it is only the District Level Scrutiny Committee under Act 16 of 1993, competent to make such enquiry in terms of Rule 8. In view of the above, ends of justice will be met if the petitioner is directed to submit all the required documents to the Commissioner of Tribal Welfare within a period of two weeks from today, and on such submitting the first respondent is directed to forward the same to the District Level Scrutiny Committee and pending further orders if the petitioner is entitled to the seat under Scheduled Tribe category, she should be provisionally allotted a seat as per Rule 19, and the enquiry shall be completed and result of the same shall be communicated to the 2nd respondent by the Distinct Level Scrutiny Committee as per Rules, within a period of three months.

( 5 ) AGGRIEVED by the aforesaid order, the appellant has preferred this appeal.

( 6 ) WE have heard the learned Counsel for the appellant Sri M. Vidyasagar and the learned Government Pleader for Social Welfare Sri. Naushad Ali.

( 7 ) THE learned Counsel for the appellant submitted that as per Section 21 of Act 16 of 1993 read with G. O. Ms. No. 58, dated 12-5-1997, it becomes clear that a community certificate issued by any authority competent to issue, before the commencement of the said Act, would be valid and shall be deemed to have been issued under the provisions of the said Act unless it is cancelled under the provisions of the said Act, and therefore, the action of the 2nd res

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